CPS-18FB Yaskawa

TERMS AND CONDITIONS OF USE OF THE SITE AND OF ONLINE SALE

Automation Parts (“AP”)

Motion Tech s.r.l.s., in the person of its legal representative pro tempore, with registered office at PIAZZA IV NOVEMBRE N. 4, 20100, Milan (MI),

Tax code/VAT no. IT 12408360969, PEC motiontechsrls@pec.it, registered with the Companies Register of Milan (hereinafter the “Seller”).

The website automationparts.com and the “Automation Parts” trademark are owned by PLC Group S.r.l., with registered office at Via Melisurgo 15, 80133 Naples (NA), Tax code/VAT no. 10093991213 (hereinafter, “PLC”).

WHEREAS

PLC owns the “Automation Parts” trademark and the website http://automationparts.com (hereinafter, the “Site”), which may not be reproduced, in whole or in part, transferred by electronic or conventional means, modified, linked or used without the prior consent of PLC.

The Site is used by the Seller for the marketing of the Products and Services offered through the Site. PLC does not act as Seller of the Products marketed through the Site and is not a party to the sales contracts concluded through it, which are entered into exclusively between the Customer and the Seller.

The Seller does not act as an authorised reseller of the products present on the Site or subject to a quote. Therefore, the Products may have codes with an earlier date or belong to earlier productions than those available at the official manufacturer and/or authorised resellers. Any requirements relating to year of production, revision, version, firmware or other specific characteristics must be expressly indicated by the Customer at the time of ordering.

The Seller declares that, on the basis of the checks carried out according to its internal supply chain control procedures, the Products marketed through the Site are purchased through qualified suppliers and supply channels deemed legitimate.

All trademarks, logos, supplier names and services mentioned are trademarks of the respective companies and belong to the respective rights holders. The use of third-party trademarks, logos or distinctive signs on the Site is for the sole purpose of identifying the Products marketed and does not imply any approval, sponsorship, partnership or other form of association between the Seller and the respective holders.

Through the Site, the Seller markets products for industrial, electronic and marine automation, including, by way of example and not limitation, PLCs, HMI operator panels, motors, drives, motion systems, electronic components, power supplies, modules, software, CNC systems, robots, safety systems and related products, pursuant to Legislative Decree No. 70 of 9 April 2003 on electronic commerce and Articles 45 et seq. of Legislative Decree No. 206 of 6 September 2005 (the “Consumer Code”), as in force from time to time.

The Seller may also market digital content, digital services and goods with digital elements. In relation to such products, the provisions of Articles 135-octies et seq. of the Consumer Code shall apply, where compatible.

The Seller accepts orders both from Customers qualifying as Consumers and from Customers acting in the exercise of their own entrepreneurial, commercial, craft or professional activity.

Pursuant to Article 3, paragraph 1, letter a), of the Consumer Code, a Consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

The entry of a VAT number during the purchase procedure constitutes a presumption that the purchase is made for purposes relating to the entrepreneurial, commercial, craft or professional activity carried out by the Customer.

Should one or more sales be made to parties not qualifying as Consumers, these General Conditions of Sale and the provisions of the Italian Civil Code shall apply, excluding, to the extent permitted by law, the protections provided in favour of Consumers.

The purchase of the Products and Services is permitted exclusively to parties who have reached the age of eighteen.

These recitals form an integral and substantial part of the General Conditions of Sale.

CONDITIONS OF USE

The legal conditions applicable to the Seller-Customer relationship are those in force on the date of transmission of the purchase order. They may be modified at any time. Any modifications and/or new conditions shall be deemed in force from the moment of their publication on the Site.

Before placing and therefore proceeding with payment of the order, the Customer is required to carefully read these terms and conditions. Submitting the order implies full knowledge and express acceptance both of the aforesaid general conditions of sale and of what is indicated in the purchase procedure.

For any type of request or information, the Customer may contact the Seller using the contact details indicated in the "Contacts" section of the Site, as well as the further assistance and contact channels that may be made available on the Site.

The Customer acknowledges, accepts and gives consent that all communications, notifications, certifications, information, reports and in any case all documentation on the operations carried out, relating to the purchase of the Products and/or Services, be sent to the email address indicated by the Customer at the time of registration, quote request, order transmission or subsequently communicated to the Seller, with the possibility of downloading the information on a durable medium in the manner and within the limits provided by the Site.

SUBJECT

This Contract governs the conditions applicable to the sale by electronic commerce of the Products and Services marketed by the Seller through the Site to both Customers qualifying as Consumers and Customers acting in the exercise of their own entrepreneurial, commercial, craft or professional activity.

The Customer may purchase exclusively the Products present on the Site at the time of browsing and submitting the order or quote request. The images and graphic representations on the Site are for merely illustrative purposes and may not be perfectly representative of the actual characteristics of the Product, and may differ, by way of example, in colour, size, configuration, revision, version, firmware, accessories or other elements. For the purposes of the purchase contract, only the description of the Product contained in the relevant information sheet and, subsequently, in the order form or in the quote accepted by the Customer shall prevail.

The Contract is performed towards the Customer identified by the data provided at the time of registration, quote request or order submission and transmitted electronically upon acceptance of these General Conditions of Sale.

The Products marketed through the Site may be offered and delivered in the countries indicated from time to time by the Seller during the purchase process or in the relevant commercial documentation. The indication of a delivery address located in a country not supported by the Site or not authorised by the Seller may result in the impossibility of completing the purchase or the refusal of the order by the Seller.

PURCHASE PROCESS

Purchase can be made through the Site or offline.

Regarding the latter option, it is in fact possible to:

submit, through a specific form (“quick quote”) present on the Site, a specific quote request, also in relation to products not purchasable or not visible online, entering all the relevant details (by way of example, company name, email, product code, brand and requested quantity);

receive a so-called “quick quote” by contacting the details indicated on the Site. The negotiation will then continue offline and the contract shall be deemed concluded upon receipt by the Seller of the order confirmation duly signed by the buyer and sent through official channels (pec, email, or in any other ways specified on the site). Even in the case of offline purchase, these conditions of sale shall apply, which will be attached to or referenced in each quote and duly accepted by specific signature. Quote prices may differ from online ones, due to variables such as, by way of example and not limitation, type of product, quantity and availability thereof.

As regards online purchase, registration is not mandatory to make purchases. Therefore, the Customer may choose to make purchases on the Seller's site as a registered User or as an unregistered User. Registration avoids having to enter the address and shipping data each time a purchase is made on the Site. If the Customer is registered, their billing and delivery data will be displayed automatically and may be modified as needed. If the Customer is not registered, they are asked to enter such data at each purchase.

Following the insertion of one or more products in the cart, the Customer views a summary of the details and may choose to proceed with the order confirmation. Subsequently, to conclude the contract and definitively transmit the order, the customer is asked, on a single page, to enter the information relating to the delivery address (which may differ from the billing address) and the payment method with the relevant data. Then, following the Customer's confirmation of the order summary (“buy” button), the Seller processes the payment of the order.

The correct receipt of the order is confirmed by the Seller by means of a confirmation communication via e-mail, sent to the email address communicated by the Customer when filling in the order form. From this moment on, the contract between Seller and Customer is finalised. This message shows the date and time of receipt of the order, a 'Customer Order Number', to be used in any further communication with the Seller, the link to the site page containing the 'Terms and Conditions' of Sale accepted by the Customer, the information strictly necessary to summarise the essential characteristics of the purchased product, the indication of the price, of the payment method used, of the delivery costs and of any additional costs. The message also restates all the data entered by the Customer at the time of order confirmation, who undertakes to verify its correctness and to promptly communicate any corrections by email to the addresses indicated above and present on the Site or by live chat present at the same url.

The Customer, if registered, may check the status of their order by accessing their dedicated web area under the heading “My orders”.

The Seller must be able to request further information by e-mail or telephone, especially in order to correctly fulfil the contractual obligations. Therefore, the Customer is obliged to enter real data in the order form.

The Seller reserves the right not to process purchase orders that do not provide sufficient guarantees of solvency or that are incomplete and incorrect. In such cases, the Seller undertakes to promptly communicate this to the Customer. In the event of submission of the order form and payment of the price, the Seller shall refund what has already been advanced.

PRODUCT AVAILABILITY AND ORDER CANCELLATION

All product orders are subject to their availability. The Site is constantly updated automatically in order to ensure maximum correspondence between the Seller's availability and that indicated on the Site.

The quantities of product available at the time of the order are not visible on the site. Since the simultaneous access of many user-customers, the simultaneous possibility of "offline" orders as well as the variable quantity of each production depending on the supplier company modify the availability of the product, the Seller does not guarantee the certainty of allocation of the ordered goods.

On certain products subject to price promotions, the Seller reserves the right to accept orders by reducing the quantities, subject to communication and acceptance by the Customer, failing which the order must be deemed cancelled.

The Seller may cancel the order in the event of unavailability of the products. In these cases, it informs the Customer by e-mail that the contract is not concluded and that the Seller has not proceeded with the order, specifying the reasons. In this case, the Seller proposes, before proceeding with the refund, the replacement with a similar product or other available solution (surplus rush service, product with a different condition) as a solution that must always be expressly accepted by the Customer. In the event of non-acceptance of the replacement product, the sum previously committed on the Customer's payment method is refunded. The refund is communicated by e-mail.

In all cases of cancellation of the order by the Seller, therefore for any reason, it is understood that the Seller cannot be held liable for any damages resulting from the cancellation.

The order may also be cancelled following a request from the Customer to be sent to the email address sales@automationparts.com, preferably in reply to the order confirmations, subject to prior assessment and approval by the Seller, without charge only in cases where the latter has not started preparing the order, ascertained through the “my orders” section or through email communication of the start of order preparation. The refund of the price paid takes place in accordance with the instructions that will be provided, from time to time, by the Seller.

Where the cancellation conditions referred to in the previous points do not apply, cancellation may still be requested by the Customer, subject to confirmation by the Seller against payment of (i) the contribution for administrative management, (ii) the purchase costs of backorder components, (iii) transport costs, (iv) customs charges, (v) collection and currency exchange fees possibly already incurred by the Seller in relation to the cancelled order, of a possible variable penalty equal to a minimum of 20% and a maximum of 40% of the value of the products subject to the cancellation request, plus a further decrease in value in the case of return of goods with conditions different from those in which they were sold. The total costs will be communicated to the Customer following the cancellation request. The cancellation will become effective upon the Customer's express confirmation in relation to the costs communicated by the Seller. In the absence of a response within and no later than 72 (actual) hours, the cancellation confirmation shall be deemed tacitly provided. Any cost for the return shipment of the cancelled order is borne by the customer, which must always be carried out with trackable shipment and always insured in the case of goods value exceeding €500.

PRICES AND PAYMENTS

All published prices are inclusive of VAT at 22%, as required by Italian regulations for deliveries within Italy. For purchases shipped to other EU countries as a final consumer (B2C), the VAT rate of the destination country will apply and will be recalculated before payment is made. For business customers (B2B) who enter a valid VAT ID, no VAT will be charged. Once the order has passed to the “shipped” status, it will not be possible to request a VAT refund through a change of billing data (the modification of the billing header cannot be retroactive for the purposes of applying or eliminating VAT).

The Seller may modify the sale prices of the Products at any time and without notice and without the need for justification and specification.

In the event that an incorrect and/or clearly derisory price is published, for whatever reason (system error, human error, etc.), the order is cancelled, even in the case of initial validation.

The validity of the prices is always and only that indicated in the order confirmation which is sent to the Customer following the submission of the order.

The prices of the Products expressed in the individual product sheet do not include shipping costs, which are instead displayed already in the order summary at the time of adding the product to the cart and in any case before the request for confirmation thereof by the Customer. Shipping costs may be modified at any time by the Seller, but changes are not applied to orders already submitted and accepted.

For non-EU orders, the Customer may be subject to import duties and/or taxes, payable once the products have reached the specified destination and, therefore, cannot be quantified or in any way determined by the Seller. Such costs must be borne by the Customer and cannot for any reason be refunded by the Seller. The amount of international duties and/or taxes required by the destination country cannot invalidate this contract nor can it constitute grounds for withdrawal by the Customer, who will be informed of the presence of further and undetermined costs at the time of payment or, more precisely, at the time of selecting the shipping country in the check-out phase.

All purchases made on the site are secure, as they are guaranteed by SSL certification and the respective HTTPS protocol. The proposed payment methods involve exclusively multi-referenced circuits.

The Customer may make payment via Paypal, via credit card through Paypal, by bank transfer, by credit/debit card through Stripe, according to the methods indicated in the purchase procedure. It is understood that the Seller remains extraneous to the contractual agreements that the Customer enters into with the payment companies. Furthermore, the Customer guarantees to the Seller that they have the necessary authorisations to use the payment method chosen for their order at the time of order submission.

All orders are payable in Euro, including mandatory taxes and contributions. Any bank charges are borne exclusively by the Customer, even in the case of a refund.

At no time during the purchase procedure is the Seller able to know the information relating to the Customer's credit card, transmitted via a connection protected by an encrypted protocol directly to the site of the party managing the electronic payment.

In no case can the Seller therefore be held liable for any fraudulent and improper use of credit and prepaid cards by third parties.

For each order placed, if the Customer has expressly requested it, by ticking the appropriate box contained in the order submission form and has provided the necessary data (valid VAT number or Tax code), the Seller issues an invoice for the shipped order, sending it by email to the Customer holder of the order. For the details reported at the time of issuing the invoice, the information provided by the Customer at the time of processing the order shall prevail. No variation of the invoice is possible after its issuance in electronic format.

Only to Customers who have already successfully completed at least 3 orders with the Seller, the Seller may reserve, at its discretion and subject to agreement between the parties, payment of the amount of the new and further order in an alternative manner to advance payment (e.g. payment within 30 days of the order, payment when goods are ready, etc.).

METHODS OF FULFILMENT, DELIVERY AND APPLICATION OF THE PENALTY

The Seller may accept orders only with delivery in the countries provided within the Site.

The purchased products may be delivered to the address indicated by the Customer in the order by the date indicated in that Shipping Confirmation or, alternatively, may be collected at the Seller's premises by the courier chosen by the customer (Pick up). If the Customer chooses the latter method, they must collect the products within and no later than 30 days from the moment the goods are ready for delivery. In the event of non-collection by the carrier chosen by the buyer, no liability can be attributed to the seller and, by way of penalty, a percentage from 20% to 40% of the value of the goods will be withheld, while the remaining part of the price will be returned by the same payment method used by the Customer at the time of purchase of the Product. Otherwise, the Customer is invited to provide the IBAN code of their bank current account so that the Seller can carry out the relevant refund by bank transfer. "Order fulfilment times" means the time interval that elapses from receipt of the order to delivery of the product to the courier.

The delivery times of the ordered goods are purely indicative; they may vary due to force majeure or due to traffic conditions and road conditions in general or by act of the Authority, as well as for any delays attributable to the carrier and/or to the company supplying the products. No liability can therefore be attributed to the Seller in the event of delay in the fulfilment of the order or in the delivery of the goods.

The indicative delivery times for goods in “Available” status are normally 1 to 10 working days. The indicative delivery times for “Available on Order” goods are up to 10 weeks; otherwise, communication of the delivery times will be made by e-mail. The cancellation of an “Available on Order” order is configured as in point 4-g of this documentation, “Product availability and order cancellation”. Delivery times are subject to variations depending on production delays by the manufacturer or processing delays by the supplier. The goods travel with packaging made by the Seller that varies according to the products ordered, their number and their weight/volume.

Without prejudice to what is otherwise specified in the order summary before making the purchase, shipping costs, where applicable, are borne by the Customer and detailed before payment. The Seller reserves the right to modify the shipping policies at any time and to give specific notice thereof on the Site. Payment for the goods by the Customer takes place using the method chosen at the time of the order.

Delivery is deemed to have taken place, i.e. the order delivered, by the acquisition by the Customer or by the recipient of the order other than the Customer or, in any case, by a third party indicated by them or forming part of their company who qualifies as such at the time of receipt of the good (among others, employee, collaborator, etc.) of the material availability of the product, which is proven by the signature (by one of the aforesaid parties) of the order receipt at the agreed shipping address. Once the declaration of the party to whom the goods are entrusted/delivered has been acquired, no liability in relation to the non-receipt thereof can be attributed to the Seller.

It is the Customer's responsibility – or that of the aforesaid parties – to be reachable during the course of the day on the days indicated for the collection of the products at the address specified at the time of purchase.

If, upon the courier's passage on the days and/or time slots communicated, the Customer – or whoever acts on their behalf or the recipient of the products – is not present, the courier makes 2 (two) delivery attempts subsequent to the first (unsuccessful) one. If it fails to deliver the products despite the three attempts made, it proceeds to open the storage file. The goods may be kept in storage for a maximum of 7 working days without additional costs for the Customer. Failure to collect at the end of this period results in the cancellation of the order by the Seller and the refund of the entire sum previously paid, less the costs of the unsuccessful delivery, the costs of returning the goods to the Seller and any other expenses from the day following the one on which the courier left the passage notice. The termination of the contract, the amount of the refund and the withheld costs are communicated to the Customer by e-mail to the address entered at the time of the order.

At the time of delivery of the products, the Customer is required to check:

- that the number of packages being delivered corresponds to what is indicated in the transport document sent to them;

- that the packaging is intact, not damaged, or in any case altered, and with the closing seals intact.

Any external damage or the non-correspondence of the number of packages must be immediately contested to the courier making the delivery, by affixing the wording "collection with reserve". In the specific case of a damaged package, it is necessary to report on the courier's waybill: "collection with reserve because the package is damaged".

Once the courier's document has been signed, the Customer cannot raise any objection regarding the external characteristics of what has been delivered.

In the event that the Customer provides an incorrect shipping address, the order is delayed and additional shipping costs and handling charges are calculated for returned or redirected orders. In this case, it is not possible to request a refund.

REVIEWS

The Customer who purchases one or more products will have the possibility to evaluate the product, after receiving it, by leaving a review (“Review”). The Review must concern the product received and not the services (for example delivery) and is published under a pseudonym chosen by the Customer.

The Customer guarantees that any information, message, text, data made available on the Seller's site through a Review is original and does not violate the rights of third parties, by way of example copyright, intellectual property rights.

The Customer acknowledges being the author and sole responsible for each and every Review transmitted, disclosed, exchanged or otherwise made available to the Seller by them, and undertakes to indemnify and hold the Seller harmless from any claim and/or demand by third parties arising from their Reviews.

The Customer undertakes not to disclose and “post” Reviews containing sensitive data, nor to enter/publish content of a child-pornographic, pornographic, obscene, blasphemous, defamatory, offensive nature, contrary to public order or morality, that promote or induce illegal activities or that contain viruses or other programs damaging the functionality of others' computer systems.

The Seller declares that it does not in any case carry out editorial control on the Reviews and does not carry out any control activity on the lawfulness, truthfulness, foundation, accuracy, non-deceptiveness, non-offensiveness of the Reviews. In any case, the Seller reserves the right to refuse and/or delete at its discretion the Reviews deemed unsuitable.

The Seller disclaims all liability for damages, claims or losses, direct or indirect, arising to the Customer or to third parties from the transmission, disclosure, exchange or making available of Reviews provided by the Customer.

The Customer who accesses the Site declares to be aware of the possibility that the reviews may have content deemed by them to be unsuitable or that may offend the sensitivity of certain persons, and in any case acknowledges that the responsibility for the Reviews lies not with the Seller but with the respective authors.

RIGHT OF WITHDRAWAL

Consumer's right of withdrawal

Pursuant to Articles 52 et seq. of the Consumer Code, the Customer qualifying as a Consumer has the right to withdraw from the contract, without having to provide any justification and without incurring costs other than those provided by the applicable legislation, within 14 (fourteen) days from the day on which they acquire physical possession of the Products or, in the case of multiple deliveries, from the day on which they acquire physical possession of the last Product.

The right of withdrawal does not apply to Customers acting in the exercise of their own entrepreneurial, commercial, craft or professional activity.

The Consumer may exercise the right of withdrawal by means of an explicit declaration of their decision to withdraw from the contract.

To this end, the Consumer may use: (i) the specific withdrawal function made available on the Site pursuant to Article 54-bis of the Consumer Code; or (ii) any other explicit declaration of their intention to withdraw from the contract transmitted to the contact details indicated by the Seller. Through the withdrawal function available on the Site, the Consumer may transmit electronically a withdrawal declaration containing the information necessary to identify the contract from which they intend to withdraw and the electronic contact at which to receive communications relating to the withdrawal.

Once the withdrawal declaration has been transmitted by means of the specific function, the Seller will send the Consumer without undue delay a confirmation of receipt of the withdrawal on a durable medium, including the content of the declaration as well as the date and time of its transmission.

The right of withdrawal is considered exercised within the terms if the withdrawal declaration is transmitted by the Consumer before the expiry of the withdrawal period provided by the applicable legislation.

Return of the Products

The Consumer who exercises the right of withdrawal is required to return the Products without undue delay and, in any case, within 14 (fourteen) days from the date on which they communicated to the Seller their decision to withdraw from the contract.

The term is met if the Consumer sends back the Products before the expiry of the 14 (fourteen) day period.

The Products must be returned intact, complete with any accessories, instructions, documentation and original packaging, to the extent reasonably necessary to allow the Seller to verify their nature, characteristics and functioning.

The Consumer is responsible only for the diminished value of the Products resulting from handling other than that necessary to establish their nature, characteristics and functioning.

Refund

In the event of valid exercise of the right of withdrawal, the Seller will refund all payments received from the Consumer, including any standard delivery costs incurred, without undue delay and in any case within 14 (fourteen) days from receipt of the withdrawal communication.

The Seller may withhold the refund until it has received the Products or until the Consumer has demonstrated that they have sent them back, whichever is earlier.

The refund will be made using the same payment method used by the Consumer for the initial transaction, unless otherwise agreed between the parties.

Exclusions

The right of withdrawal does not apply in the cases provided for by Article 59 of the Consumer Code. In particular, by way of example and where applicable, the right of withdrawal is excluded: (i) for Products made to measure or clearly personalised on the basis of the specifications requested by the Customer; (ii) for Products that, after delivery, are inseparably mixed with other goods; (iii) for the supply of digital content by means of a non-material medium, where performance has begun with the Consumer's prior express consent and their acknowledgement of the loss of the right of withdrawal; (iv) for the supply of services already fully performed, where performance has begun with the Consumer's prior express consent and their acknowledgement of the loss of the right of withdrawal once the service has been completed; (v) in the further cases provided for by Article 59 of the Consumer Code.

Exclusion of the right of withdrawal for Customers not qualifying as Consumers

The right of withdrawal governed by this article applies exclusively to Customers qualifying as Consumers. For Customers not qualifying as such, the right of withdrawal is excluded.

WARRANTY

Legal warranty of conformity for Consumers

For Customers qualifying as Consumers, the legal warranty of conformity provided by Articles 128 et seq. of the Consumer Code applies.

The Seller is liable towards the Consumer for any lack of conformity existing at the time of delivery of the Product and manifesting itself within the terms provided by the applicable legislation.

Unless proven otherwise, lacks of conformity that manifest themselves within one year of delivery of the Product are presumed to have existed already at that date, unless such presumption is incompatible with the nature of the Product or with the nature of the lack of conformity.

In the presence of a lack of conformity, the Consumer is entitled to the remedies provided by the Consumer Code, within the limits and according to the methods established by the applicable legislation.

Warranty applicable to Customers not qualifying as Consumers

For Customers not qualifying as Consumers, only the provisions of the Civil Code on sales apply.

In particular, pursuant to Article 1495 of the Civil Code, the Customer is required to report any defects within 8 (eight) days of discovery. The action is time-barred in any case within one year of delivery of the Product.

Unless otherwise agreed in writing, no manufacturer's conventional warranty applies. The Seller does not in fact act as an authorised reseller of the marketed Products, except where otherwise indicated in the relevant product sheet or in the contractual documentation.

Reconditioned products

Reconditioned products are covered by the same legal warranty applicable to new products. However, taking into account the nature of reconditioned products, merely aesthetic or non-functional defects do not constitute lacks of conformity and are therefore not covered by the warranty, such as, by way of example, scratches, signs of wear, discolouration, aesthetic imperfections or lack of accessories not essential to the functioning of the Product.

Goods with digital elements

For goods with digital elements, the provisions of Articles 135-octies et seq. of the Consumer Code apply.

In relations with Customers qualifying as Consumers, the Seller will provide the updates, including security updates, required by the applicable legislation to maintain the conformity of the good.

Should the Consumer fail to install the updates provided within a reasonable term, the Seller will not be liable for any lack of conformity resulting exclusively from the failure to install the updates themselves.

Except where otherwise indicated in the product sheet or in the quote, the Seller does not guarantee the presence of a specific firmware version, software revision or application release.

With particular reference to industrial components and similar products, the possible availability of specific firmware versions depends on the manufacturer of the good and on the relevant licensing agreements. The Seller assumes no liability for the absence of a given firmware version requested by the Customer after the conclusion of the contract.

Limitations of the legal warranty

The following do not constitute lacks of conformity and are therefore not covered by the legal warranty:

the characteristics of the Product expressly indicated in the product sheet, in the quote, in the contractual documentation or in any case brought to the Customer's attention before the conclusion of the contract and accepted by them;

defects, malfunctions or damage resulting from improper use of the Product, incorrect installation, use not in accordance with the manufacturer's instructions, inadequate storage, negligence, unauthorised modifications, tampering or interventions carried out by parties other than the manufacturer or authorised centres;

normal wear and tear of the Product resulting from its use;

any incompatibilities resulting from the Customer's hardware, software, firmware or plant environment not attributable to the Product;

with reference to reconditioned products, the aesthetic or functional characteristics expressly described in the product sheet or in the pre-contractual documentation.

EXPRESS TERMINATION CLAUSE

The Seller has the right to terminate the contract by giving simple written communication to the Customer and indicating the reason.

In the event of termination of the contract, the mandatory rights recognised to Customers qualifying as Consumers by the applicable legislation remain unaffected. For Customers not qualifying as such, the Customer will be entitled exclusively to the return of any sums paid and not due as a consequence of the termination, without prejudice to the application of these General Conditions of Sale and to compensation for any damages suffered by the Seller.

The obligations assumed by the Customer, as well as the guarantee of the successful completion of the payment made through the payment methods referred to in Article 5, are of an essential nature. Therefore, pursuant to and for the effects of Article 1456 of the Civil Code, the Customer's breach of one of the obligations provided by these General Conditions of Sale, including, by way of example, the failure to pay the price, the communication of inaccurate or incomplete data or conduct that prevents or hinders the fulfilment, shipment or delivery of the Products, will entail the automatic termination of the contract, without prejudice to the Seller's right to compensation for the further damages suffered.

LIMITATION OF LIABILITY

The Seller, in the event that it is unable to perform the order within the times provided by these general conditions of sale, assumes no liability if the non-performance or inexact performance derives from disruptions due to the act of a third party, from causes attributable to the Customer or attributable to force majeure or fortuitous event or any other event that is not under the direct and exclusive control of the Seller (including, by way of example but not limitation, catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electricity, general strike of public and/or private workers, strike and/or restrictions concerning the viability of couriers and air connections, holiday periods - e.g. the Christmas period -, delays or failure to produce the products by the supplier).

The Seller is also not liable in the cases referred to in Article 118, letters b) and e) of the Consumer Code, respectively in the cases in which the defect that caused the damage did not exist when the Seller put the product on sale and when the state of scientific and technical knowledge, at the time when the Seller put the product into circulation, did not yet allow the product to be considered defective;

The Seller is in no way liable for any damages, caused to the Customer or to third parties, resulting from non-compliant use of the products.

The Seller is in no way liable for the improper use and/or disclosure to third parties of the Customer's registration/access information.

The Seller disclaims all liability for direct and indirect damages, whether foreseeable or not, consequent to and/or connected with the use of the Site by the Customer. Should the Seller be held liable for a prejudice suffered by the Customer and attributable exclusively to the transmission of an order, such liability is limited to the amount of the order actually paid by the Customer to the Seller.

The Seller assumes no liability for any fraudulent and unlawful use that may be made by third parties of credit cards and other means of payment, at the time of payment of the purchased Products, provided that it demonstrates having adopted all possible precautions based on the best technology and experience of the moment and based on ordinary diligence.

The Customer not qualifying as a Consumer undertakes to indemnify and hold harmless the Seller, as well as PLC Group S.r.l., as owner of the "Automation Parts" trademark and of the Site, and the respective directors, employees, collaborators and successors, from any claim, action or demand by third parties – including claims based on industrial or intellectual property rights – as well as from the related damages, costs and expenses (including reasonable legal expenses), arising, directly or indirectly, from: (i) a use, installation, integration or destination of the Products differing from the technical specifications, from the manufacturer's instructions or from the applicable legislation; (ii) the resale, transfer or re-export of the Products to third parties by the Customer; (iii) the violation, by the Customer, of these General Conditions of Sale or of rules on safety, export control, international sanctions or dual use products. This indemnity operates expressly also in favour of PLC Group S.r.l., as owner of the trademark and of the Site, which, although not being a party to the sales contract, is a beneficiary thereof pursuant to and for the effects of Article 1411 of the Civil Code.

ALTERNATIVE DISPUTE RESOLUTION (ADR)

The Customer qualifying as a Consumer may resort to alternative dispute resolution bodies (ADR - Alternative Dispute Resolution) for the resolution of disputes relating to contracts concluded through the Site, as provided by Articles 141-bis et seq. of the Consumer Code.

The Consumer's right to bring the matter before the competent judicial authority remains unaffected.

JURISDICTION AND COMPETENT COURT

These General Conditions of Sale are governed by Italian law, without prejudice to the application of any mandatory provisions provided by the law of the country of habitual residence of the Consumer.

For any dispute relating to the application, execution, interpretation or validity of these General Conditions of Sale, where the Customer does not qualify as a Consumer, the Court of Milan shall have exclusive jurisdiction.

Where the Customer qualifies as a Consumer, the court of the place of residence or domicile of the Consumer shall have jurisdiction, if located in the territory of the Italian State, pursuant to the applicable legislation.

Pursuant to and for the effects of Articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read the contract and to expressly approve the following clauses:

Art. 4 (product availability and tacit confirmation of cancellation referred to in letter g));

Art. 5 (duties and taxes of the destination country);

Art. 6 (limitation of liability for delays in delivery and non-receipt of the goods, penalty);

Art. 8.5 (exclusion of the right of withdrawal);

Art. 10 (express termination clause);

Art. 11 (limitations of liability);

Art. 13 (exclusive court for the Customer not qualifying as a Consumer)

PRIVACY NOTICE AUTOMATIONPARTS.COM

Who is the Data Controller?

Motiontech S.r.l.s., with registered office at PIAZZA IV NOVEMBRE N 4, 20100, MI (VAT/Tax code IT12408360969), e-mail: info@motiontechsupply.com, certified e-mail (PEC): motiontechsrls@pec.it, registered with the Milan Companies Register no. REA MI-2659884 (hereinafter also the “Seller”).

How can I contact it?

The company's contact details are:

E-mail: info@motiontechsupply.com

Address: PIAZZA IV NOVEMBRE N 4, 20100, MI

1. Introduction

Under the European regulation on the protection of personal data (GDPR), legal entities are not considered data subjects and therefore the European regulation does not apply. However, if personal data relating to a natural person are included in the context of the collection of company data, that person shall be considered a data subject within the meaning of the aforementioned regulation, with the consequent applicability of the relevant legislation.

2. What processing is carried out through the site? And what are the legal bases, purposes and retention periods?

REGISTRATION

Purpose: The purpose of the data processing is to register on the site and to be able to make purchases more easily.

Legal basis: Consent.

Retention period: Should the account remain inactive for 3 years, we will send you an email to find out whether you are still interested in keeping it active; otherwise, the account will be deleted.

Additional information: Providing the data is not mandatory, since purchases can also be made in guest mode.

BECOME A SUPPLIER

Purpose: The purpose of the data processing is to request the Controller to become a supplier and thus to sell one's own products on the platform.

Legal basis: Performance of pre-contractual measures carried out at the request of the data subject.

Retention period: The data will be kept until the request is accepted and in any case no longer than 3 months.

Additional information: The User is entirely free to provide the requested data, since there is no legal obligation to provide it. However, if the user chooses not to provide the data marked as essential, the Data Controller will not be able to achieve the stated purpose.

PURCHASE

Purpose: The main purpose of the data processing is to allow the User to purchase and receive the requested product and, moreover, it is necessary for the fulfilment of legal obligations (including of an accounting and tax nature). The data may be used in the event of disputes regarding the correct performance of the contract.

Legal basis: Performance of a contract and consequent fulfilment of the legal obligations incumbent on the data controller. In the event of litigation, the data will be processed to take action or defend in court, and this corresponds to the legitimate interest of the data controller.

Retention period: The data will be deleted 10 years after the performance of the contract. It may be kept longer only in the event of disputes and therefore to exercise or defend a right based on the legitimate interest of the data controller.

Additional information: Providing the data is mandatory and, in the event of refusal to provide it, it will not be possible to purchase the requested products.

PURCHASE WITH QUICK CHECKOUT

Purpose: The main purpose of the data processing is to allow the User to purchase and receive the purchased product. The data is also necessary for the fulfilment of legal obligations (including of an accounting and tax nature). Lastly, it may be used in the event of disputes regarding the correct performance of the contract.

Legal basis: Performance of a contract and consequent fulfilment of the legal obligations incumbent on the data controller. In the event of litigation, the data will be processed to take action or defend in court, and this corresponds to the legitimate interest of the data controller.

Retention period: The data will be deleted 10 years after the performance of the contract. It may be kept longer only in the event of disputes and therefore to exercise or defend a right based on the legitimate interest of the data controller.

Source and categories of data processed: In the case of purchase through quick checkout, the identification, shipping, billing and contact data will be imported from PayPal. (Art. 14 GDPR)

TRANSACTIONAL EMAILS

Purpose: The purpose of the data processing is to send the User information regarding the purchase made or to complete the registration.

Legal basis: Contractual performance.

Retention period: Until delivery of the order or completion of the registration.

Additional information: Transactional emails are sent to allow better order management and to provide the Customer with confirmation regarding the purchase, shipment and registration.

CHECK MY ORDER

Purpose: The purpose of the data processing is to check the status of the order.

Legal basis: Contractual performance.

Retention period: Until delivery of the order.

Additional information: The User is entirely free to provide the requested data, since there is no legal obligation to provide it. However, if the user chooses not to provide the data marked as essential, the Data Controller will not be able to achieve the stated purpose.

MARKETING AND PROFILING THROUGH DIGITAL PLATFORMS

Purpose: The purpose of the data processing is to display marketing content based on your interests, as identified by your interactions on our site or social media. This includes the use of retargeting tools on digital platforms to deliver targeted advertising messages.

Legal basis: Consent, which may be obtained through various methods: Through Cookies on our Site: Your consent to marketing and profiling cookies is collected via the cookie settings on our site. For CRM Custom Audience Campaigns (Prospecting and Retargeting): For these campaigns, we obtain your explicit consent to use your contact data (e.g. email address) for marketing purposes. Interaction with Social Pages: If you have consented to the use of profiling cookies on our Site, we may process your contact data and the information communicated during interaction with the Social Pages. We use this information, in accordance with your privacy settings on social media, to display personalised marketing ads.

Retention period: The data will be kept until consent is withdrawn through the cookie settings.

Additional information: Consent obtained through Cookies on our Site: The User may manage or withdraw this consent at any time, as described in our Cookie Policy. Please also note that cookies may be both first-party and third-party and therefore installed, through us, directly by Meta. Consent obtained for CRM Custom Audience Campaigns (Prospecting and Retargeting): This consent allows us to process your data to identify similar audiences (lookalike) and to display targeted advertising on social media and other digital platforms. In the case of simple User segmentation, your consent is not required.

REQUEST A QUICK QUOTE

Purpose: The purpose of the data processing is to request that a quote be sent.

Legal basis: Performance of pre-contractual measures carried out at the request of the data subject.

Retention period: The data will be kept for 6 months, after which it will be deleted.

Additional information: The User is entirely free to provide the requested data, since there is no legal obligation to provide it. However, if the user chooses not to provide the data marked as essential, the Data Controller will not be able to achieve the stated purpose.

REVIEWS

Purpose: The purpose is to share one's own experience and to promote the company.

Legal basis: Consent of the data subject. Legitimate interest of the Controller in requesting the review and consent of the data subject.

Retention period: Reviews will be published on the site until they become obsolete and/or until consent is withdrawn.

Additional information: Consent may be withdrawn at any time. Providing the data for the request is automatic and follows the purchase of the product. Consent may be withdrawn at any time.

BROWSING DATA

Purpose: Security of the site.

Legal basis: We will process the data on the basis of the company's legitimate interest in IT security and the fulfilment of legal obligations. The legal basis for the processing of cookies other than necessary ones is consent.

Retention period: 24 months.

Additional information: For the rules on cookies, please refer to the specific notice.

3. What else do I need to know?

The data will be processed lawfully, fairly and with the utmost confidentiality, in compliance with adequate security measures as provided for by the Code and the Regulation. The processing will be carried out by digital means. The data will not be subject to public disclosure, with the exception of that relating to the review. The user will not be subject to automated decision-making such as profiling, unless they consent to it through the installation of cookies or other tracking tools, the regulation of which is referred to in the specific notice.

4. To whom will my data be communicated?

The Controller may communicate the data to all parties to whom communication is mandatory by law for the performance of the purposes provided for by law.

The Controller also makes use of certain companies or IT tools that carry out processing activities on the personal data of data subjects in the exclusive interest of the controller, all duly appointed as data processors pursuant to Art. 28 GDPR.

The data will also be communicated to payment gateways as autonomous controllers.

The list of data processors is available at the registered office.

The Company makes use of persons designated as System Administrators, responsible for the management and maintenance of the IT systems. The updated list of System Administrators is available at the Office of the Data Controller and may be consulted upon request by the data subject.

5. Where are the data stored and transferred?

The management and storage of personal data will take place on servers located inside and outside the EU. The Data Controller guarantees that any transfer outside the EU takes place in compliance with Articles 44-47, Chapter V of the GDPR, through the signing of standard contractual clauses and/or by means of the EU Commission's adequacy decisions.

6. What are my rights and how can I exercise them?

a) Rights of the data subject

The user, in their capacity as data subject, has the rights set out in Article 15 et seq. of the Regulation, namely:

1. RIGHT OF ACCESS (Art. 15 GDPR)

The data subject has the right to obtain confirmation as to whether or not personal data concerning them exists, even if not yet recorded, and to have it communicated in an intelligible form.

2. RIGHT TO RECTIFICATION (Art. 16 GDPR)

The data subject has the right to obtain the rectification of inaccurate personal data concerning them and also the integration of incomplete data.

3. RIGHT TO ERASURE (Art. 17 GDPR)

The data subject has the right to obtain the erasure of personal data in the presence of particular grounds such as the withdrawal of consent, objection to processing, or if the data is no longer necessary in relation to the purposes for which it was collected and processed, or in the case of unlawful processing. It will not always be possible to proceed with erasure, but it will certainly be the data controller's responsibility to provide adequate justification.

4. RIGHT TO RESTRICTION OF PROCESSING (Art. 18 GDPR)

The data subject has the right to obtain the restriction of processing in the presence of particular circumstances such as, for example, in the case of a request for rectification or objection during the time taken to assess the requests.

5. RIGHT TO DATA PORTABILITY (Art. 20 GDPR)

If the processing is based on consent or on a contract and is carried out by automated means, the data subject may receive it in a structured, commonly used and machine-readable format, or request that it be transmitted to another controller.

6. RIGHT TO OBJECT (Art. 21 GDPR)

The data subject has the right to object, in whole or in part: a) on legitimate grounds, to the processing of personal data concerning them, even if relevant to the purpose of the collection; b) to the processing of personal data concerning them for the pursuit of purposes not contemplated by Art. 2. The user may make a request to object to the processing of their personal data under Article 21 of the GDPR, providing evidence of the reasons justifying the objection: the Controller reserves the right to assess the request, which would not be accepted in the event of compelling legitimate grounds for proceeding with the processing that override the interests, rights and freedoms of the user.

7. RIGHT TO LODGE A COMPLAINT

The data subject has the right to lodge a complaint with the competent supervisory authority under Article 77 of the GDPR if they believe that the processing of their data is contrary to the legislation in force.

b) How to exercise them:

The data subject may exercise the rights referred to in the previous article at any time by contacting the data controller at the addresses indicated above.

Latest version: 15/07/2026